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my car has been repoed can i put my vechile in someone elses

 

Customer Question

my car has been repoed can i put my vechile in someone else's name to get my vechile back

 

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Country relating to Question: United States

Submitted: 284 days and 4 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  Law Pro replied 284 days and 4 hours ago.

No, because the lender's name is XXXXX XXXXX title. You can't transfer ownership while there is a lien against the vehicle without the lender's consent OTHER than if you pay off the Loan balance.



Sorry.



If you would like any additional information or have more questions please don’t hesitate to ask!

Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.

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Thank you,

Law Pro

Customer replied 284 days and 3 hours ago.

the vehicle is already paidfor in full...the reposscession was for a different loan completely.

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Expert:  Law Pro replied 284 days and 3 hours ago.

OK, didn't know that. However, if the repossession was done before a transfer of title - then it's to late. You can't back date a transfer - that's Fraud and potentially criminal to lie about such.

A Judgment Creditor has the right to pursue any and all personal property to pay off the judgment.


If you would like any additional information or have more questions please don’t hesitate to ask!

Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.

If you give any rating below 3 stars then I will not be compensated in any way for helping you today.

The "helped a little" is considered a negative.

Thank you,

Law Pro

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Expert:  Law Pro replied 284 days and 3 hours ago.

Can I explain anything further to you?

You realize that to prevail that they didn't have the right to repossess the vehicle you would need to be able to provide proof that you transferred the vehicle to someone else BEFORE they repossessed the vehicle.

Customer replied 284 days and 3 hours ago.

if the title was signed the same day of the repo? and i am legally disabled

Accepted Answer

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Expert:  Law Pro replied 284 days and 3 hours ago.

Then it's arguable that you transferred the vehicle before the repossession.

You would also be required to prove that they paid fair market value for the vehicle AND that this was an "arms-length" transaction.


The arm's length principle (ALP) is the condition or the fact that the parties to a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an equitable agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties).


You realize that your "transfer" to another would be under strict scrutiny by the court and it would be your Burden of Proof because if the "timing" of the transfer and the situation involved.

Then in reality it would not be your cause of action but the person whom you transferred ownership to - it would be their vehicle and therefore they would have to pursue getting the vehicle back. You would no longer be the owner of the vehicle.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 5691
Answered: 6/25/2012

Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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